Order of the President of the General Court of 24 February 2014 —
HTTS and Bateni v Council
(Case T‑45/14 R)
Application for interim measures — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and other economic resources — Application for interim measures — No urgency — Balancing of interests
1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 26)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market — Obligation to provide concrete and precise information on the economic and financial position of the applicant company (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 41-45)
3. Application for interim measures — Suspension of operation of a measure — Suspension of operation of a decision on restrictive measures — Conditions for granting — Urgency — Need to remedy rapidly a case of flagrant and very serious illegality — Included — Discretion of the Council in the general and abstract definition of the legal criteria and rules for adopting restrictive measures — Limited judicial review (Art. 278 TFEU; Council Regulation No 971/2013; Council Decision 2013/497) (see paras 50-56)
4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Decision to freeze funds in the context of restrictive measures against Iran — Competence of the EU judicature to annul the measure, at the earliest, after the expiry of the period for lodging an appeal — Interest of the applicant not capable of protection by the court hearing the application for interim measures (Arts 264(2) TFEU and 278 TFEU; Statute of the Court of Justice, Art. 60, second para.; Rules of Procedure of the General Court, Art. 107(3); Council Regulation No 1154/2013; Council Decision 2013/661) (see paras 59, 62-66)
Re:
| APPLICATION for partial annulment of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 306, p. 18) and of Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3), in so far as the names of the applicants were included on the list of persons and entities to which those restrictive measures apply. |
Operative part
1. | | The application for interim measures is dismissed. |